The mandate
of the Intergovernmental Committee on Genetic Resources, Traditional
Knowledge and Folklore (IGC) was extended once again at the
2005 WIPO General Assembly. In particular, the debates at the
IGC are now focused on the design and implementation of draft
provisions for the protection of traditional knowledge (TK)
against misappropriation, including the identification of a
set of objectives and principles for the protection of TK and
folklore.
Discrepancies over the role and potential outcomes of the IGC,
however, remain. The last meeting ended without agreement or
substantive discussion on these provisions. Nevertheless, it
seems that its work will continue, as well as the focus on issues
regarding TK protection. Members have started to engage in specific
comments and proposals on a possible set of provisions that
could address some current concerns including positive protection
and sui generis systems.
In this context, it seemed appropriate to address current concerns
and the need for protection of TK, in order to ensure that work
in the IGC achieves outcomes supportive of sustainable development,
including the negotiations under the Convention on Biological
Diversity. In the process, it will be an endeavour to evaluate
possible ways to introduce the development dimension in the
intersection between intellectual property, biodiversity issues,
and TK.
This roundtable
discussion therefore provided an opportunity to review and analyse
the different existing scenarios and tools for protection of
TK at the IGC while also examining the role of WIPO and in particular
the IGC in developing tools and mechanisms for protection of
TK and the outcomes of the IGC process. The aim was also to
promote the participation and contribution of all relevant stakeholders
in the policy formulation process. A paper by Graham Dutfield
who has undertaken a review of various TK protection systems
and tools was also tabled.